Harsh Kumar, J. - (1.) This appeal has been filed against the impugned judgment and order passed by Sessions Judge, Banda on 29.6.1983 in S.T. No.425 of 1982, State Vs. Phool Chandra and Shambhu, P.S. Baberu, District Banda, under sections 302/34 and 201/34 IPC, convicting the sole surviving accused Shambhu for offences under sections 302 and 201 read with section 34 IPC.
(2.) The brief facts relating to the case are that on 10.6.1982 a written report scribed by Babu Lal Awasthi was submitted by first informant Hira Lal son of Jagannath, at P.S. Baberu at 3:45 p.m. upon which F.I.R. was lodged at Case Crime No.NIL of 1983, under sections 302 and 201 IPC against unknown persons with suspicion on Smt. Rabariya.
(3.) The brief facts mentioned in F.I.R. are as under:- "Applicant is resident of Nahar Purva, Majra Amwa, P.S. Bisanda; that his 18-19 years old younger brother Thakurdin @ Bijli son of Jagannath had left to village Akona, P.S. Bisanda (where there is Sasural and Nanihal of applicant) on invitation, about 13 days ago; that he oftenly used to visit and stay at Akona for several days; that when he did not return home upto several days, the applicant reached village Akona in search of him and was told that since today morning there is talk in village Akona that one dead body is lying on the Well in the fields of Bhadehoo of village Akona; that on this information he along with several persons reached there and saw that dead body of his brother Thakurdin @ Bijli tied with ropes was floating in the Well; that he had no enmity with anybody; that the brother of applicant was entangled with Smt. Rabariya, the sister of Bhaiyadin Lodh of village Akona and oftenly used to stay at their place on coming to village Akona; that he has every suspicion on Smt. Rabariya; that upon seeing the dead body, it appears that his brother was tied with ropes in the shape of bundle (Ghatri) and after tying with stones thrown in the Well; that the dead body has been taken out from the Well and has been kept over it.";